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Employment Law

Alert managers: No ‘magic words’ needed to request FMLA

03/01/2005
Issue: Some supervisors think about FMLA only if an employee explicitly says “I need FMLA leave.”
Risk: In reality, employees don’t need to use the term “FMLA.” Failing to recognize …

Don’t let managers hire or fire based on family health costs

03/01/2005
Issue: Can you terminate, or refuse to hire, people based on their impact to your health plan?
Risk: Employees have two paths to sue you for such cost-trimming employment actions. …

Request birth date only after conditional job offer

03/01/2005

Q. We don’t ask applicants for their age or birth date on our application. But we plan to start conducting background checks on applicants whom we’re seriously considering. The company that will conduct the checks for us said the birth date is on all the applications they see and that it’s instrumental to conducting the checks. What should we do? —V.T., Wyoming

You can exclude vacation pay from ‘Regular rate’

03/01/2005

Q. When we are figuring employees’ base pay for overtime calculations, can we exclude their vacation pay? —R.J.D., South Dakota

Male managers: Don’t ‘lighten up’ on females’ reviews

03/01/2005
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The new legal risk of overworking bilingual employees

03/01/2005
Issue: Overburdening employees because of their language abilities.
Risk: Relying too heavily on bilingual employees could spark a national-origin bias lawsuit.
Action: Remind supervisors to be on guard against …

Employee can’t ‘play nice’ with others? He may be ‘disabled’

03/01/2005
Issue: Which mental impairments are considered “disabilities” covered by the ADA?
Risk: An employee’s troubles interacting with co-workers may, by itself, allow the employee to claim disability status.
Action: …

Review workplace treatment of Hispanic employees

03/01/2005
Reason: The federal government is reaching out to Hispanic people to make them more aware of their workplace rights. Latest effort: The EEOC launched a new Spanish-language version of its Web …

The new risks of premature job offers

02/01/2005
Rescinding job offers just got more legally dangerous. As incredible as it sounds, if you pull the rug out from a candidate’s job offer, the person may be able to sue …

Small changes to returning worker’s job are OK

02/01/2005
When employees return to work after taking leave under the Family and Medical Leave Act (FMLA), you must restore either their original job or an equivalent job with the same pay, …